Many questions remain open about the scope of the new obligations to provide evidence
Yesterday, the German Bundestag passed the tightening of the Verification Act, which we have already described elsewhere, with the votes of the traffic light coalition. Despite great criticism, the bill remained unchanged.
Employers faces a busy summer. By August 01, 2022, employment contracts must be adapted with a view to the new verification requirements. Alternatively, transcripts are possible that contain the essential terms of the contract as defined by the new proof law. Many questions remain unanswered about the scope of these new proof requirements. Nonetheless, there is a risk of fines if the requirements are not complied with. Electronic form remains completely excluded. Instead, written form, i.e. the handwritten signature of the issuer, is always required for proper fulfillment of the obligations to provide proof. This has nothing to do with digitization.
Interestingly, during the legislative process, the Bundesrat proposed that the legislature develop models for fulfilling the new proof requirements in order to protect small and medium-sized companies in particular from being overburdened with bureaucracy. The German government rejected this proposal, stating instead that "the bodies appointed to provide legal advice in individual cases, such as chambers, associations or legal advisory professions" could provide assistance (BT-Drucks. 20/2245). Black on white it is thus certain: The Federal Government itself already does not believe its assumption that the implementation of the new legal regulations can be accomplished in 3 minutes. That is correct.